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How to deal

with your Insurance Agent?

Insurance transactions are quiet

confusing. A professional insurance agent should make

clear the complex insurance policies in an easy comprehensive

way. Furthermore, your agent should appraise your needs,

disclosure and recommend ways to save money while providing

first-rate insurance coverage for your business.

Agents & Brokers

Many individuals and business people

purchase their insurance coverage form the agents. The

insurance agents represent either specific companies

or group of companies. On the other hand, other individuals

and many businesses prefer buying an insurance policy

from a broker agent or from banks, which represent the

insurance agent directly in the marketplace. This is

because many businesses believe that with brokers they

can have an independent source of information. In this

way they can sample broad range of coverage available

and put mutually the best package for precise state

of affairs. Conversely, the consumer should remember

that the agent represents the insurance company or companies

he/she is appointed by. It's from them the broker agents

works for you. Both insurance and broker agents should

be approachable and respond to their customers needs.

How to select a representative?

How do you pick the right agent or

broker? Check with your relatives, friends, neighbors,

colleagues, especially with people who have difficulty

with claims and coverage. It will enlighten you with

the instructive work about how insurance representatives

react under such circumstances because they can get

you an idea about how they will respond to you when

you need their help in such cases. In general, consumers

should investigate about the potential brokers or insurance

agents in every possible way they can. An example can

be put forth to explain this, on request the Office

of Insurance Commissioner will tell the California consumers

about How many complaints have been filed against an

agent or a broker in California and whether that licensee

has faced disciplinary action in the past. Consumers

also have the rights to gather any kind of information

regarding a particular insurance agent / broker agent

confined to that locality. All this will help the client

to choose the perfect insurance agent from whom they

can buy an insurance policy and work out with the transactions

and other formalities in a smooth way.

The Office of the Insurance Commissioner

can help you incase when you have any queries or in

need of additional information about your rights as

an insurance commissioner. Call the Consumer Hotline at 1-800-562-6900

or visit the website at

Consumers: Dealing With

a Broker Agent


This issue will give you a clear idea

of your rights when dealing with the insurance agents

and brokers after your purchase of insurance coverage

such an health insurance, etc. The information offered in this brochure will make you

aware of the tools you need to become a better consumer

with the following issues given below:

The Broker Agent license

Describing a Broker Agent

Choosing a Broker Agent

Helpful tips to the consumer

Review of the Broker fee rules, policies in accordance

with the laws.

The Broker Agent License

regulates all the practices of a perfect insurance agent

and certifies guarantee justice of the products and

work to protect against deception. The Broker Agent

license is issued by the Department and is used to distinguish

two distinctive producers. The holder of a Broker-Agent

license can either act as a broker or as a prominent

insurance agent.

Describing a Broker Agent

An insurance agent is a person who

takes the responsibilities and acts as a mediator between

the consumer and the insurance company. The person functions

in a prospective way with the insured consumers in order

to arrange the insurance contract. The agent solicits,

negotiates and effects bond of insurance for the insurer.

The broker agent is paid with a commission by the insurer

for the services provided as a part of the insurance


An insurance broker is an independent

person who explores the marketplace for a suitable policy

in the interest of the clients. The broker agent is

not an insurance company employee. The broker agent

represents you, the client of the insurance product.

A Broker-Agent can also charge the client with brokerage

fees for all the services you benefit. The broker agents

also receive their commission from the insurance company.

The new Broker Fee Regulations effective

from 23rd November 2000 has become successful for personal

lines policies. A summary of the Broker

Fee Regulations has been outlined in this issue.

The Department of Insurance broker

fee regulations include 8 major sections. The sections

and the most important provisions of each section are

mentioned in this issue.


The descriptions give a broad view

of the actual requirements of regulations. The brokers

are responsible to act in accordance with the actual

regulations and not merely to the summary given in this

issue. The brokers should read and understand the actual

regulations clearly to avoid any mistakes in future.

Broker Fee Regulations Applicability

- The regulations outlined in this issue are only applicable

to personal lines. The regulations apply to dealers

and wholesalers, though wholesalers are exempt from

several requirements.

Definitions - The regulations define

the term "broker fee" - Any fees charged by insurance

afford to provide services that start after the transaction

of insurance.

Requirements - In order to charge a

broker fee, a broker - a licensed individual or organization

who transacts insurance on your behalf must meet the

following necessities:

The consumer agrees to pay the fees in advance after

the full disclosure of the insurance policy.

The brokerage fees must not be charged on a CAARP, FAIR

Plan, or low cost programs.

The broker is not a fixed representative of the insurer

with whom the coverage will be sited.

The broker should offer the consumer with a definite

disclosure form.

The consumer and the broker sign up a Broker Fee Agreement

that encloses secured standard information.

The broker is supposed to sustain a valid broker contract

on file with the Department.

The broker should reveal the existence of brokerage

fees at the instant of the original premium quote.

Disclosure & Agreement - The typical

disclosure and agreement must be printed in English

/ in any other language used by the broker to promote,

solicit or negotiate the sale and purchase of the insurance

policy. The disclosure and agreement signed or initialed

by the consumer must be reserved for 18 months after

expiration of the policy.

Unfair And Deceptive Acts And Practices

- The regulations reason the subsequent acts and practices

to be unjust and/or deceptive:

Deteriorating to offer the buyer with the standard disclosure


Failing to complete all related portions of the broker

fee contract earlier than giving the contract to the

buyer for examination.

Failing to provide the buyer with a fulfilled print

of the broker fee agreement, signed by the buyer and

the broker, as early as possible.

Failing to place a buyer with an insurer with whom the

broker is fixed as an agent and exclusively bear the

responsibility to charge a broker fee.

Charging or endeavoring to charge a brokerage fee for

a renewal, endorsement, or other services, without having

disclosed the fees in the broker fee agreement.

Failing without delay to repay complete broker fee if

the broker acted unsatisfactorily or dishonestly consequential

with financial loss to the buyer.

If the broker did any of the

following despite the consequences of financial loss

such as:

Carelessly or deliberately misquoted the premium to

the resulting in an up rate.

Accepting an unlicensed employee to handle insurance

for, or on behalf of, the buyer paying the fee, where

the Insurance Code is obligatory that the employee should

be licensed.

Unsuccessful to repay undeserved premium as necessary

by Insurance Code section 393(a), apart from acceptable

Insurance Code sections 393(b) or 1735.5.

Inattentively or deliberately unsuccessful to set the

consumer's coverage within the time period indicated

to the buyer or within an appropriate conduct.

Carelessly or purposely fail to forward a consumer's

premium payment to an insurer or general agent, ensuing

in policy abolition.

Failed to reveal the reality of the insurer's periodic

expense plan, if one was accessible.

Failed to repay undeserved commission in the broker's

possession to the person to whom it is payable within

30 days of the undeserved commission being generated

due to modification or termination of coverage.

Failed to submit or submit an application to another

policy a premium finance company credit owed to the

consumer/borrower within 15 days or being paid the credit

from the premium finance company.

Discipline - Abuse of the regulations

is grounds to defer or cancel a license. The commissioner

may enforce disciplinary action for the misconduct and

nonfeasance with the principal terms addressed in the


The Standard Broker Fee Disclosure -

The standard broker fee disclosure (Appendix A of the

regulations) should always be specified to a buyer.

The disclosure contains the following advice, and more.

The Broker fee is not set by law, and may be negotiable

between the buyer and the broker.

It is against the law or offensive for an insurance

broker to charge a fee for placing coverage exclusively

with CAARP or the FAIR Plan.

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Consumers may be permitted to a full refund of a broker

fee if the broker acted unsatisfactorily or fraudulently.

Uncertain arguments over non-refunded broker fees can

be promoted to the Department of Insurance for examination.

Consumers are permitted to attain and maintain a complete

copy of the disclosure and any broker fee contract they


The broker may obtain commission from insurance companies

for placing the consumer's insurance. The commission

is in an extra addition to any broker fee.

Consumers must obtain a copy of a premium finance disclosure

and agreement. Consumers must obtain and examine those

documents before signing a premium finance agreement.

Clients should ask the broker if the insurer recommends

an individual installment payment plan. Insurer installment

plans are often cheaper than premium financing throughout

a separate premium finance company.

If the broker is introducing health insurance coverage,

the broker must provide the consumer with a copy of

the current Department of Insurance pamphlet for health

Insurance. By signing the disclosure, the consumer grants

receipt of the proper pamphlet(s).

NOTE: This site will

not be able to present producers with the supply of


The Standard Broker Fee Agreement -

The standard agreement (Appendix B of the regulations)

does not require to be used exactly. It can be customized,

as long as the customized agreement encloses all the

necessities of the typical agreement, and no incompatible


The consumer assigns the broker as the consumer's insurance

broker of evidence.

The broker fee agreement persists until termination

by either party.

The broker consents to signify the consumer sincerely

and competently.

Specify the amount of the broker fee, and also whether

it is refundable.

Broker may in the future charge consumer, and consumer

consents to pay, an extra specified fees for services

explicitly listed on the contract.

File the nature and sum of all fees accepted by the

broker that will be charged by persons other than the

broker or the insurance company.

Grant the Department of Insurance buyer assist with

the phone number.

It's necessary that the broker and buyer must sign and

date the contract/agreement.

Choosing a Broker Agent

Choosing a skillful, professional insurance

agent can be as significant as choosing your doctor,

accountant or any other professional upon whom you rely

on confidently. If you are opting a broker agent for

the first time the best way you can avail for the information

is to discuss the subject with your friends, neighbors,

relatives, co-workers and professional broker-agent


After choosing the broker agent, verify

the producers licensing status with the department.

Check the producer's license and other policies on the

Department's website or else you can approach the department

and collect the information.

The Producer Licensing Bureau of California

Department of Insurance is in charge of administrating

the essential requirements of the producers. From January

1, 1997 all the agents and brokers are expected to include

the Department of Insurance license number on business

cards, premier quotations and printed announcement to

the board. This will enable you to ensure their license

with our Department.

The following questionnaire would help

you to ask your relatives, neighbors or your colleagues

about the outcomes before choosing an insurance product

with the broker agent. It's an important issue to take

into respect especially in choosing someone who is going

to protect you, your family and your assets from an

impending financial loss.

The questionnaire is as follows:

Have they had a latest claim?

How did the producer / insurer act in response to the


Has the producer been considerate and prompt in answering

to all the questions, which you have felt ambiguous?

Did the producer take ample time to explain you clearly

the terms and conditions of the policies?

Does the producer periodically contact the insurance

agency to update the coverage?

It's a significant process for you

to choose a producer with whom you feel comfortable.

You need to have an easy access on the information regarding

open exchange about the coverage's and services available.

So this can assure you the benefits and what coverage

fits best with your needs. You should always keep in

mind one thing that the Broker Agent is not the person

to decide either the type of coverage you need. So make

your own choice and get the best outcome from it.

Helpful Tips to the Consumer

Here are some valuable suggestions,

which you can adopt before undertaking any insurance

policy with a broker agent.

Go through all the documents thoroughly before you sign

and date them.

Never make the biggest mistake of signing up a blank

document in order to avoid misunderstandings a possible


Ask the broker agent to explain the terms you are not

familiar with.

Take copies of the documents concerning your insurance

transaction such as:




Broker Fee Agreement

Premium Finance Agreement

Make clear applications / binder statements that reflect

the limits and deductibles of the coverage purchased,

name of the insurance company, expiration dates, and

other properties covered under the policy.

It's very important to be honest with your replies with

your answers with the insurance agent because any malpractices

can be discovered during verifications. If you give

inaccurate answers/omit any of the questions without

answering it may lead to delays, denial or recision

of the coverage in terms of the insurance industry.

You and the broker should not break the rules because

such actions may be prosecuted for fraud. Insurance

fraud is a misdemeanor in California.

Review of the Broker fee rules,

policies in accordance with the laws:

With respect to charge a brokerage

fee, a broker must concrete the following necessities

given below:

The consumer should agree to pay the fees in advance

only after the full disclosure.

The brokerage fees should not be charged on a CAARP,

FAIR Plan, or low cost programs.

The broker is not a fixed agent of the insurer with

whom the coverage will be placed.

The broker should provide the consumer with a specific

disclosure form.

The consumer and the broker sign up a Broker Fee Agreement

containing confident standard information.

The broker should maintain a valid broker contract on

file with the Department.

The broker should disclose the existence of brokerage

fees at the moment of the original premium quote.

Be careful and do not sign up any Broker Fee Agreement

unless the contract is fully completed with all the

respective data.

The law does not lay the brokerage fee and it may be

negotiable between you and the broker.

Broker fees once paid are not refundable, even after

the cancellation of the coverage. You may be permitted

to a full refund of the broker fee if the broker acted

unsatisfactorily or dishonestly.

You are permitted to attain a copy of the Broker Fee


You must obtain a copy of a premium finance disclosure

and contract in cases when your premiums are being financed.

You should verify with the producer about the installment

payment plan, as they are regularly less expensive than

premium financing through a premium finance company.

The words that are in italics are the

terms most frequently used with respect to the transactions

in the insurance industry. The explanation of the terms

is made clear in the Broker Insurance Glossary page.

Broker Insurance 1Broker

Insurance 2Broker

Insurance 3Broker

Insurance 4Broker

Insurance 5Broker

Insurance Glossary

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Posted in Healthcare Post Date 04/16/2020






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